No matter how safely you drive, you can’t control what other people do behind the wheel. Whether it’s a distracted driver running a red light, someone failing to give way, or another car rear-ending yours, accidents leave not at fault drivers with damaged vehicles every day on Australian roads.
If you do find yourself involved in a not-at-fault accident, it’s good to know what to expect and what steps to take to help your car insurance claim process run as smoothly as possible. This might mean providing evidence to corroborate that you’re not at fault, as ‘fault’ generally dictates who pays for damages and whether or not you have to pay an excess.1,2
Understanding how to lodge a car accident claim, and how fault is actually determined, may also help you make more informed decisions during this typically stressful time.
How fault is determined in a car accident
According to Legal Aid New South Wales, a driver is at fault if they cause a car accident because they have disobeyed a road rule, or haven’t taken reasonable care behind the wheel, known as negligence.1
For example, if they’ve failed to obey a traffic sign, failed to keep a proper lookout or failed to stay a safe distance behind the vehicle travelling in front.3 Speeding –which is one of the most common causes of car accidents on Australian roads – is another example of negligence while driving and if a fine or driving infringement has been issued, it could help insurers determine fault.3
Legal Aid Western Australia says factors that may impact where blame is attributed can also include whether the cars involved were roadworthy and whether a driver was found to have consumed alcohol or drugs.4
Police reports, independent eyewitness accounts, admissions of fault at the scene and dash cam footage are all examples of evidence your car insurer may consider when processing your not-at-fault car accident claim.5
Sometimes it’s not clear which driver is at fault. “If this is the case and both drivers are insured, insurance companies generally work together to determine fault,” says Marni Jackson, Youi’s Head of Product – Vehicle and Lifestyle.
Can you both be partly at fault?
Yes, sometimes more than one driver can be at fault in a car accident. If both drivers are at fault in some way, the cost of repairing any damage may be shared, and both drivers will generally be required to pay an excess if they make a claim.3
Making a car accident claim when you’re not at fault
The first thing to know when considering how to claim car insurance when you’re not at fault is that it’s generally recommended that you notify your insurer after an accident as soon as practically possible. They should be able to talk you through how to make a claim and help you figure out the best course of action depending on how damaged your car is and the type of insurance cover you have.
Jackson explains that at Youi, the claims process is the same whether you are at fault or not at fault in the accident, the key difference being whether you will need to pay an excess.
“We use the same five-step process for every claim at Youi,” says Jackson. “It keeps things simple and transparent so you will always know what’s next and can keep moving forward as quickly as possible.
“And even if the other driver is completely at fault and their insurance company may cover the repairs, lodging a claim with us means we can liaise with their insurer on your behalf.”
Step 1: Lodge
You can lodge a claim online 24/7 or by phone. All you need is your policy number and details about when, where and how the car accident occurred.
Step 2: Assess
We’ll assess the damage, map out next steps and keep you updated to let you know if your claim is accepted.
Step 3: Action
Once the assessment is complete and your claim is accepted, we’ll keep things moving by arranging for your car to be repaired or by paying to replace the car , depending on your level of cover and whether the car is a total loss.6
Step 4: Track
You can stay on top of your claim with real-time updates and our online claims tracker, so you’ll always know what’s happening and what to expect next.
Step 5: Resolve
Once your claim is finalised and any repairs are complete, we’ll sign it off. Authorised repairs to your car are also backed by our quality guarantee, for as long as you own it.6
Do you have to pay an excess if you’re not at fault?
At Youi, the payment of any excess is waived if the accident is completely the fault of another driver and you can provide their full name and two of either:6
- Phone number
- Address
- Driver’s licence number
- The registration number of the vehicle that was involved in the incident.6
What information do you need to collect after an accident?
Being involved in a car accident can be overwhelming and unsettling, but there are some key steps you need to take afterwards.
For example, you’re not only legally required to exchange information with the other drivers involved,7 but you may also need certain details if you want to make a car accident claim with your insurer.8
To help, you might wish to download this car accident checklist to keep handy in your glove box, but here's the information Legal Aid New South Wales recommends getting:
The other driver’s details
Swap names, addresses and phone numbers. It can also be a good idea to ask the other driver to show you their driver’s licence. Look at the back of it to double check they’ve provided the right address.9 To note, liability for an accident falls on the driver of the car, not the owner, so try to get as many of the driver’s details as possible, and if the driver doesn’t own the car, also ask for the name and address of the person who does.9
The other car’s details
Take note of the car’s make, model and colour and grab its registration number too. Jot down any other information that could help identify the car.9
The other driver’s insurer
Ask for the details of their car insurance policy and provide yours if requested.9
Eyewitness details
If anyone saw the accident, get their contact details. If you didn’t manage to get these at the scene of an incident – perhaps because you were distracted or experienced an injury as a result of the accident – and the police attended, you may be able to ask them for this information as well the case reference number.8 Dash cam footage – from both your car and anyone else who witnessed the crash – can also help explain the circumstances of the accident.5
Physical proof of damage
If you have your phone – and it’s safe to do so – take photos of where the accident happened, the position of your car and the other vehicle involved, and any relevant surroundings, such as street signs and traffic lights. Photos can help explain the circumstances of the accident, including who was at fault.5
It’s also a good idea to make note of where you were travelling to or from and the road and weather conditions at the time.5
What happens if there’s a dispute with the other driver?
If the driver of the other car refuses to give you their details at the scene of the accident, collect as much of the other information listed above as you can. Then, Victoria Legal Aid recommends reporting the incident to the police.10
Police will investigate the incident and write a report, which may be important if there’s a dispute about who was at fault in the accident.9
It’s important to note that in South Australia11 and the ACT,12 you must report any crash to the police; however, in all other states and territories, you don’t have to report minor accidents if every driver involved stops and exchanges details.7,10,13-16
What if it’s a hit and run insurance claim
If you have a car accident and the other driver involved fails to stop, you should report the accident to the police.10
When police attend an accident where the other driver has already left the scene, you’ll have a police report number to give to your insurer if you make a claim.8
Witness details and dash cam footage may also be useful evidence if the other driver fails to stop.5
What if an uninsured driver causes the accident?
Vehicle damage caused by uninsured drivers can get complicated. Depending on your car insurance policy and level of cover, you may still be covered for accidental damage even if the other driver was not insured.6 Your Product Disclosure Statement will confirm whether or not you can make a claim in this situation.
If someone without insurance hits your car and you’re not covered for accidental damage, you might still be able to receive reimbursement for the damage they caused. You could send a letter of demand to the other driver, requesting to be compensated for the repair bill. If they don’t respond, it’s important to assess your own circumstances before moving onto any next steps. Take your financial situation into account when considering legal action; it’s possible the damage to your vehicle is worth less than the cost of pursuing compensation.16
Some third party property policies, including Youi’s Third Party Fire & Theft and Third Party Property Only insurance, cover you for a limited amount to pay for damage to your car if the other driver was completely at fault, uninsured and you can provide all their details.
Will you be given a hire car while your car’s being repaired?
This can depend on your level of car insurance cover. Check your insurance policy’s details to see whether or not your insurer will provide a replacement car while yours is being repaired.
At Youi, if you have Comprehensive car insurance and you’re involved in a not-at-fault accident, we’ll cover the cost of hiring a car until yours is ready to drive again.6
Will making a claim increase the cost of your insurance?
Jackson explains:
“If you make an insurance claim for damage sustained in an accident, it may impact your future insurance premiums. If your renewal premium amount is subject to an increase due to your claims history, the extent will typically be determined by the type of claim, its cost to the insurance company, and your perceived future risk”, says Jackson.
“However, while your driving record is certainly taken into account when calculating premiums, it’s just one part of the puzzle. Your premium is shaped by a variety of factors.”
Car accidents can be incredibly stressful but hopefully the information and steps outlined above help you feel more confident that you’ll know how to make a car accident claim if you’re involved in one that’s not your fault.
If you’re insured with Youi, our dedicated claims advisors are available to help, or you can use our 24/7 claims lodgement online or over the phone to help you get back on the road as soon as possible. Just call 13 9684 if you would like to speak to an advisor directly.
Note: The laws of each state and territory vary, and there may be different rules and requirements for people involved in a motor vehicle accident. We recommend that you acquaint yourself with your obligations before travelling. If in doubt – call 000.
1 Source: Legal Aid NSW – Who is responsible?
2 Source: Financial Rights Legal Centre – Paying Insurance Excess
3 Source: Legal Aid NSW – Who is at fault in a car accident?
4 Source: Legal Aid Western Australia – Who’s to blame - Car crashes
5 Source: Legal Aid NSW – Evidence
6 Exclusions, limits and additional fees may apply. See the Car Insurance PDS for full details.
7 Source: NSW Government – What to do at a road crash
8 Source: Moneysmart – Claiming on your car insurance
9 Source: Legal Aid NSW – Car accidents
10 Source: Victoria Legal Aid – Driving and accidents
11 Source: SA Police – Report a crash
12 Source: ACT Policing – Report a collision
13 Source: Qld Police – Traffic Crash FAQs, June 2025
14 Source: WA Government – Report a traffic crash, October 2025
15 Source: Tas Legal Aid – Motor Vehicle Crash – Property Damage
16 Source: LawInfo NT – I had a car accident. What do I do?
17 Source: Financial Rights Legal Centre – Car Accident when Uninsured
